Form Fm 1013 – Fill Out and Use This PDF

ATTACHMENT FM-1013

NAME AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY:

TELEPHONE NUMBER:

FOR COURT USE ONLY

ATTORNEY FOR (NAME):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA

STREET ADDRESS:

MAILING ADDRESS:

CITYAND ZIP CODE:

DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS

FCS NUMBER:

2. The opposing party or minor children is represented by an attorney:

Yes

No

(If you checked “Yes”, fill in the name, address, and telephone number of all attorneys. If you checked "No", fill in the other party’s name address, and telephone number.) Party/Attorney name:

Address/Telephone number:

Child’s attorney name and address:

3.OTHER CASES: Have the parties to this case been involved in another Family, Probate Juvenile, or Criminal Court

Case? Yes

No If there has been another case, fill in the case number:

4.OTHER APPLICATIONS: I or another party have have not made previous application(s) on the same issue. Orders were were not granted on the prior application(s). Explain in your declaration.

5.NOTICE

a. I HAVE given notice to all opposing parties and/or their attorney by the following method:

Personal delivery		Fax	Overnight Carrier		First Class Mail	Other:
Date:			Time:		Person who received:

I have received confirmation that the other party has received my papers as follows: (Check one below)

In person/telephone (describe): Written confirmation of receipt

b.I ask the Court to not require notice of the ex parte request for orders because

(Check all that apply. You must explain below and in your declaration):

This is an application for Domestic Violence Prevention Act (DVPA) restraining orders. This application involves a matter not requiring notice under State Rules, Rule 5.170; Giving notice would frustrate the purpose of the order;

Giving notice would result in immediate and irreparable harm to the applicant or the children who may be affected by the order sought;

Giving notice would result in immediate and irreparable damage to or loss of property subject to disposition in the case;

The parties agreed in advance that notice will not be necessary with respect to the matter that is the subject of the request for emergency orders; and

The party made reasonable and good faith efforts to give notice to the other party, and further efforts to give notice would probably be futile or unduly burdensome (describe those efforts).

FM-1013 REV 07/01/13

DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS

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ATTACHMENT FM-1013

Other:

c.Further Explanation:

A hearing between the parties is already set. I am asking that this motion be heard at the same time. I am unable to serve the other party (or parties) within the time frame specified by law.

Other:

I declare under penalty of perjury that the forgoing is true and correct.

Date

Print Name

Signature of Declarant

INSTRUCTIONS

For more information please refer to Superior Court of California, County of Santa Clara Local Rules 5 A & B and California State Rules, Rules 5.151, 5.165, 5.167, and 5.170.

This form is required in Santa Clara County, if you are asking the Judge to make immediate orders (also know as emergency or ex parte orders) without the other party being present for a hearing. This form must be completed in any case where ex parte orders or emergency orders are requested. If you are required to give notice, notice must be given before 10:00 a.m. on the court day before the Judge reviews the application, or the application will be delayed another 24 hours. Notice means providing the other side of the case, either all other attorneys or any self-represented party, with copies of any papers that you want the Judge to review and any orders that you are requesting. If you have given notice to the other side of your case, you must state the form of notice given. If you ask the Court to not require notice, you must explain why. Sometimes notice is not required, such as cases involving allegations of domestic violence or where the safety of a party or a child might be at risk if notice is given. It is up to the Judge in your case to determine whether notice will be required or not.

SECTION #1

State whether you are the Petitioner or the Respondent in the case. Once a case is filed, the parties keep the same status in the case. You do not change from the Respondent to the Petitioner by filing a new motion in the case. If you do not have an attorney, you are considered self-represented.

SECTION #2

If any other party is represented by an attorney, you must provide the Court with the attorney’s name and address. If the other party is not represented by an attorney, you must provide the Court with the other party’s address.

SECTION #3

It is very important to list all other cases in which you and the other party have been involved with the courts. This would include other Family Law, Probate, Juvenile, Restraining Order, Child Support, Civil, or Criminal matters. If you do not have the case number, please put “unknown” and list the county and the year of the filing, if possible.

SECTION #5A

Unless notice is excused by the Court, you must provide notice of this application to all other parties and attorneys before you deliver a copy to the Court. When you give such notice, specify how you did it (by fax, courier, or personally, for example), who received it and at what time and on which date. Also, please explain how you know that the other side received copies of your papers and what response you were given.

SECTION #5B

If you believe that you should not be required to give notice of this application and are asking the Court to waive notice, explain why in this section. Check as many boxes as apply. You may also write out any further explanation of your reasons for not giving notice.

After this form is completed, attach it to your application or motion and submit them to the Court Specialist’s Office at the Family Court Facility where you are dropping off your paperwork for review.

FM-1013 REV 07/01/13

DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR ORDERS

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